Court of Appeal upholds death sentence in Galle electrocution murder case

Colombo, July 7 (Daily Mirror) - The Court of Appeal has upheld the conviction and death sentence imposed on a man found guilty of murdering his neighbour by electrocuting him with illegally connected live electrical wires surrounding his property in Galle.

A two-judge bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi yesterday dismissed the appeal filed by accused Ajith Chandana Hewavitharana, affirming the judgment delivered by the Galle High Court on October 16, 2024.

The accused had been indicted for the murder of Medavakandage Chandrapala, who died after coming into contact with electrified wires installed around the accused’s betel cultivation and residence on February 6, 2000. Following a non-jury trial, the Galle High Court convicted the accused of murder and sentenced him to death.

According to evidence presented before court, the deceased had taken a shortcut through the accused’s betel cultivation while returning home after dinner. He was found dead the following morning after being electrocuted by live wires installed around the accused’s premises.

Witnesses testified that the accused had informed only one relative about the incident, prevented others from approaching the body, failed to notify the police or seek medical assistance, and later fled the area until his arrest.

The Judicial Medical Officer who conducted the post-mortem examination concluded that the cause of death was electrocution, with burn injuries consistent with contact with live electrical wires. Investigators had also recovered the wiring and metal conductors used to electrify the fence surrounding the accused’s property.

During the appeal hearing, counsel for the accused argued that the conviction was based solely on insufficient circumstantial evidence, that the trial judge had erred in finding him guilty of murder under the fourth limb of Section 294 of the Penal Code, and that the accused’s dock statement had been improperly rejected.

Rejecting the submissions, Justice Kumararatnam held that the chain of circumstantial evidence was complete and pointed exclusively towards the accused’s guilt beyond reasonable doubt. The Court observed that the accused had knowingly installed live electrical wires around his property despite being aware that neighbours regularly used the shortcut passing through his land.

The Court further held that energising the fence with electricity amounted to an act so imminently dangerous that it would, in all probability, cause death or fatal injury, thereby fulfilling the requirements for murder under the fourth limb of Section 294 of the Penal Code.

The Court of Appeal also ruled that the trial judge had properly considered and rejected the accused’s unsworn dock statement after evaluating it against the prosecution evidence.

Counsel Neranjan Jayasinghe appeared for the accused, while Deputy Solicitor General Dishna Warnakula appeared for the Attorney General.